United Parcel Service of America - Page 79




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          acquaintance, Ms. Yudain, who was an insurance broker who told              
          him that his concerns might have substance.                                 
               Both Mr. Johnson and Mr. Corde testified that they met in              
          1982 and had some discussion regarding the possibility that                 
          petitioner's EVC activities might run afoul of State insurance              
          regulations.  After Mr. Johnson met with Mr. Corde in 1982, Mr.             
          Corde sent Mr. Johnson a report on September 7, 1982, discussing            
          the feasibility of creating a subsidiary to reinsure declared               
          value risks.  The report stated:                                            
               It is our understanding that * * * [petitioner]                        
               currently provides its customers with coverage for any                 
               parcels lost or damaged up to $100.  Those parcels with                
               values in excess of $100 can be declared by the shipper                
               and protection secured at a cost of $.25 per $100 of                   
               value.  While this protection is not considered to be                  
               insurance, it could be converted to insurance and that                 
               insurance  could be provided by a * * * [petitioner]                   
               owned insurance company.                                               
          The report contains figures regarding petitioner's EVC revenues,            
          claims, and gross profits and discusses the potential for                   
          increasing profits.  The report does not discuss problems with              
          State insurance laws.                                                       
               Mr. Johnson's conversation with Mr. Corde in 1982 appears to           
          be his and petitioner's last inquiry regarding problems with                
          State insurance regulation.  Neither Mr. Johnson nor petitioner             
          sought legal advice regarding these alleged concerns.  In                   
          addition, neither Mr. Johnson nor anyone else on petitioner's               
          staff appears to have made an inquiry as to whether the EVC                 





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